Molinary v. Powell Mountain Coal Company, Inc.

MEMORANDUM OPINION

WILSON, Chief Judge.

This matter is before the court on a motion by plaintiff Jo D. Molinary (“Moli-nary”) for relief from final judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Molinary requests that the court reopen three claims which this court disposed of in a Final Order entered February 7, 1996. For reasons stated below, the court denies Molinary’s motion.

I

This lawsuit originated in January 1991 as a class action citizen suit against Powell Mountain Coal Company, Inc. (“Powell Mountain”), for damages arising from the alleged unlawful mining of…